Constitution of US:

How the Confederation of United States was formed. What were the main defects of the
Articles of confederation.
or
Discuss the process of Constitution making in the United States from 1776 to 1791.

Introduction:
During the period intervening between the Declaration of Independence and the adoption of
Constitution in 1787, the government of United States was strictly speaking not a government
in the real sense of the term, Only the independent states had come together to ward off the
common dangers.
The government of this period is popularly known as confederation or Old confederation.
The Formation of Confederation:
 The first Continental Congress convened in 1774 to oppose British coercive policies.
 The colonies aimed to form a League of Friendship and adopt common rules.
 The Second Continental Congress met in 1775 and realized the need for united action
against Britain.
 Two committees were formed: one was to directed to prepare the Declaration of
Independence while another committee, headed by Jhon Dickinson, was directed to
draw up Articles of Confederation.
 Committees were formed to prepare the Declaration of Independence and the Articles
of Union.
 The Articles of Confederation and Perpetual Union were adopted on November 15,
1777.
 Finally ratification by all states was completed on March 1, 1781, when Maryland
conveyed its approval.

Government under the Articles of Confederation:

Congress Powers:
1.The Congress had limited powers, while the states retained extensive powers.
2.The Congress consisted of delegates chosen by the states, with each state having one
vote.The decision to be taken by 3/4th majority.
3. For amendment of articles, the unanimity of the delegates was required.
4.The Congress could declare war, make peace, conduct diplomacy, raise an army and
navy, borrow money, coin money, regulate weights and measures, and establish post
offices.
State Powers:
1.Under the Articles, each state was recognized as sovereign and independent.
Congress powers:
2.The states could raise their own militias and had the power to levy and collect taxes.
3.The states were expected to give full faith and credit to the acts of other states, and
secession from the Union was not permitted.
 4.The Articles created a confederation, but the title "United States in Congress
Assembled" raised ambiguity about the unity of the states as it suggested that the states
were united only when they assembled in Congress.

Defects of the Articles of Confederation:

1. Absence of Effective Executive:
 There was a lack of effective executive authority.
 The President of the Congress had no effective executive powers.
 The officials like Secretary for Foreign Affairs and Secretary for Finance were
mere agents of the Congress without initiative.
2. Absence of National Judiciary:
 There was no national judiciary or Supreme Court.
 Thus, the Individuals couldn't be punished for violating Congressional laws
 Only Prize Courts existed for international law cases, while ordinary cases were
tried by state courts.
3. Defective Organization of Congress:
 Congress had only one house representing states, not the people
 Members were paid by states and could send a delegation of seven members
 Each state had one vote, allowing the minority to prevent action as all important
decision could be taken with the consent of nine states.
 Low attendance at Congress sessions despite a total of 91 members.
4. Lack of Financial Powers:
 Congress had no power to tax and relied on states for funding.
 States levied and collected taxes at their discretion/choice, often paying less
than requisitioned/requested amounts.
 Congress faced economic crises and had difficulty securing loans.
 Soldiers in the army were not paid in cash, but issued certificates for future
payment.
5. Lack of Power to Regulate Trade and Commerce:
 Congress had no power to regulate foreign or inter-state trade and commerce.
 States imposed duties and competed with each other in foreign trade.
 Some states desired uniformity of duties and trade policies under Congress.
 Thirteen independent legislatures couldn't act together without Congress for
uniform trade policy.
6. Lack of Power to Enforce Law and Order:
 The congress had no power to enforce law and order.
 The Congress had no police or army to protect or pressurize states to act.
 The Congress was helpless in cases of rebellion within states.

Why was the formation of the Union under the Articles of Confederation
delayed?
Introduction:
As soon as the war of independence started the, need of a common agency to conduct the
course of revolution and later to run the Independent country's affairs was greatly felt.
The Committee appointed to write down the articles of confederation reported to the Congress
in July 1776.
After a year's intermittent/regular debate the measures were adopted by the Congress.
The Articles of Confederation could be given a practical shape if ratified by all the members.
It was here that the real delay was caused.
The articles were sent to the states for ratification on November 17, 1777 but these were
ultimately ratified in February I781.
Reasons of Delay in Formation of Union of Articles of Confederation:
1. Controversy over the Method of Voting:
 There was disagreement between bigger states and smaller states regarding
voting procedure in Congress.
 Bigger states wanted votes allocated based on population, while smaller states
insisted on equality.
 Small states feared being dominated by large states and advocated for a union
based on equality
 Ultimately, voting rights were granted on the basis of equality to appease the
smaller states.
2. Controversy over Contributions:
 Similarly, there was dispute over financial contributions to be made by member
states.
 The small states were reluctant to bear an equal burden with larger and
wealthier states due to limited resources
 Benjamin Franklin argued that if small states demand equal political power then
they should also contribute equally.
 A compromise was reached where expenses would be borne/bear by states in
proportion to the value of their lands and houses, but this plan faced
implementation challenges.
3. Regulation of Trade and Commerce:
 There was a controversy surrounding the power of Congress to regulate trade
and commerce, especially foreign trade and import duties.
 New Jersey initially refused to ratify the Articles due to Congress lacking such
powers.
 Eventually, New Jersey agreed to forego/giveup its interests in favor of a
stronger union, but this caused some delay in ratification.
4. Question of Western Lands:
 The dispute over ownership of lands west of the Alleghenies and north of the
Ohio River also delayed the constitution.
 The conflicting claims made by Virginia, New York, Connecticut, and
Massachusetts.
 Some states believed their boundaries extended to the Pacific, while others like
New Jersey and Maryland argued for collective ownership by the United States.
  Most states surrendered their claims and ratified the Articles, but Maryland was
the last to do so in February 1781, delaying the organization of the new
Congress.

What led to the convening of the Convention of Philadelphia? Examine its

organization and working.
Introduction:
The defects in the Articles of the Confederation were so glaring that working of government
became very difficult.
Two most pressing needs of the government were the power to impose taxes and to regulate
commerce.
To overcome these problems a Convention was necessitated.
As leading men like Washington, Madison and Hamilton felt that congress must control the
commerce, they started making efforts in this direction.
Madison moved a legislation in Virginia for a convention but his motion did not carry.
However, Maryland and Virginia appointed commissioner to consider the question to trade
with Potomac.
Meanwhile, Pennsylvania and Delaware were also interested in having common trade
agreement.
Consequently, it took a lead and suggested that all the states should send delegates to a trade
Conference to discuss the matter trade and Common currency.

1. Annapolis Convention (September 1786):

 The Invitation for an Inter-state Commerce Convention was sent by the
legislature of Virginia to be held at Annapolis.
 Nine states accepted the invitation, while Georgia, South Carolina, Connecticut,
and Maryland did not respond initially.
 Due to the low number of delegates present, it was decided to appoint a
committee to address the states and convene another convention in Philadelphia
in May 1787.
2. The Convention of Philadelphia:
 It is considered the most significant convention in American history.
 The convention took place in the same building where the Declaration of
Independence was drafted in 1776.
 The convention consisted of 55 delegates, most of whom had served in various
capacities in their states or the military.
 These delegates were highly regarded as skilled statesmen, motivated by pure
motives and dedicated to the success of the convention.
Objectives of the Convention:
 The convention aimed to discuss and address all matters necessary to make the Federal
Government's constitution adequate for the needs of the Union.
 While some states sent delegates solely for amending the Articles of Confederation, the
delegates realized during the discussions that the Articles were beyond repair.
 This led them to frame a new document, even though it went beyond the original scope
of the convention.

Rules of the Convention:

 All proceedings were held in secret.
 A quorum required the presence of seven states, and each state had one vote.
 George Washington was unanimously elected as the President of the Convention.
  James Madison kept detailed notes of the proceedings, which were later published and
provide valuable insight into the convention's work.
Problems before the Convention:
 The convention faced numerous problems, some of which were highly controversial.
 1.In the first instance the Convention was expected to produce a document, accepted to
all sections of the society who were socially, economically, religiously, different from
each other. Consequently, the Convention had to resort to lot of bargaining and the
decisions were possible due to accommodation and compromise.
 2.Secondly, the Congress was not a truly representative body of all the sections of the
society. It represented property and industry rather than ordinary human beings.
As a result, the rights of the people were completely ignored and the rights of these
interests were protected. This explains why the document produced by this Convention
did not contain any Bill of Rights. However, the states were given the discretion to grant
rights to their people whenever they thought proper. Soon after, there was change in
the thinking and Bill of Rights was included in the Constitution.

Examine the process of the framing of the U.S Constitution.

Or
Though the Philadelphia convention was convened to amend tihe Articłes of Confederation, it
resulted in the framing of an altogether new Constitution'". Comment.

Introduction:
The Convention of Philadelphia, which framed the Constitution for United States was actually
convened with a view to examine amendments to the articles of confederation.
Soon after their assembly, the delegates realized that the Articles of confederations suffered
from so many defects, that it would not be possible to ratify those defects by amendments.
Consequently, they proceeded to frame a new constitution.
The task of framing the Constitution was entrusted to a Committee.
The Committee examined the various parts suggested by the representatives of the member
states before finding a compromise, which was accepted by the Convention as a Constitution.

Plans for Framing the Constitution:

1. Virginia Plan:
 It was proposed by Edmund Randolph and mainly prepared by James Madison.
 It called for a bicameral legislature with representation based on population.
 The lower house would be directly elected by the people, while the upper house
would be indirectly elected by state legislatures.
 The executive would be chosen by the legislature, and provisions were made for
a Supreme Court and inferior courts.
 This plan was debated but eventually abandoned in favor of the New Jersey Plan.
2. New Jersey Plan:
 It was proposed by William Paterson of New Jersey.
 It was contrasted with the Virginia Plan by emphasizing equal representation for
states in both houses of the legislature.
 It sought to retain the Confederation but grant Congress power to tax and
regulate foreign and interstate trade.
 It advocated for a plural executive without a veto power and a Supreme Court.
 It asserted that laws passed by Congress should be considered supreme within
the states.

Controversies and Debates:

1. Controversy over the nature of government:
 Large states favored a strong central government, while small states preferred a
weak confederation where states held more power.
 Alexander Hamilton advocated for a central government with extensive powers,
including lifetime appointments for the President and Senate, which was
opposed by small states fearing domination by large states.

2. Controversy over representation:

 Large states sought proportional representation based on population, while
small states insisted on equal representation.
 The compromise was needed to address the conflicting demands of large and
small states.
3. Controversy between slave states and free states:
 The issue of slavery arose, with southern slave states arguing for slaves to be
counted for representation, while northern free states opposed it.
4. Controversy between commercial and agricultural states:
 Differences emerged between the commercial states of the North and the
agricultural states of the South.
 Northern states advocated for the abolition of slavery and regulation of
commerce by a simple majority, while southern states wanted to retain slavery
and require a two-thirds majority for commerce regulation.

Need for a Compromise:

 The need for compromise arose due to controversies and debates during the
Constitutional Convention.
 Benjamin Franklin played a crucial role in emphasizing the need for compromise and
maintaining a consultative atmosphere.
 He pleaded to the representatives that “God governs in the affairs of men” and that all
have gathered here to consult not to contend.

Connecticut Compromise:
 The Connecticut Compromise, also known as the Great Compromise, provided a
resolution to the controversies.
 The plan suggested by Connecticut included twenty-three fundamental resolutions that
formed the basis of the Constitution's rough draft.
 The resolutions were referred to a Committee of Five members, who drafted the
constitution and presented it to the Convention on August 6, 1787.
 The Convention debated the draft constitution until September 10, thoroughly
discussing and refining its provisions.
 On September 20, 1787, the Congress received the proposed constitution and decided
to present it to the legislatures of different states for ratification.

Terms of Compromise:
1: Weak vs. strong national government:
 The central government was to be a coordinated government, neither too powerful nor
too weak.
 It will gave three traditional branches of government (executive, legislative, judicial).
 The legislature will be bicameral.

2: Representation:
  The Senate (Upper House) will have equal representation for all states with each state
have two votes.
 The Lower House (House of Representatives) to be based on population.
3: Slave population
 The slaves will be not counted towards the allotment of seats in the Lower House.
 Three-fifths of the slave population in a state to be counted for determining
representation in the Lower House.
 This arrangement is known as “the three-fifths compromise.”
4: Commerce and slavery:
 The South agreed to proposals regarding commerce from the Virginia Plan.
 The North yielded/surrenderd to the South on the question of slave trade, which was
permitted until 1808.

Ratification:
 The Constitution was signed by only 39 delegates, with some delegates refusing to sign
and others not present.
 The Constitution would go into effect upon ratification by nine states.
 Special conventions were convened in each state for the purpose of ratifying the
Constitution.
 The framers of the Constitution embarked on a campaign to educate and address the
concerns of the people.
 Alexander Hamilton, James Madison, and John Jay wrote a series of articles known as
The Federalist Papers to defend the Constitution.
 Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut were among the first
states to ratify the Constitution.
 Massachusetts ratified the Constitution with the condition that a Bill of Rights be added.
 Maryland, South Carolina, and New Hampshire followed suit in ratifying the
Constitution.
 Virginia and New York initially did not ratify the Constitution, but they eventually did so
in June 1788.
 North Carolina and Rhode Island ratified the Constitution after it had already come into
operation.
 The first eight amendments, known as the Bill of Rights, were incorporated into the
Constitution by the first Congress.
 The ninth and tenth amendments introduced further changes to the constitutional
framework.
 By 1791, the Constitution consisted of the original document and ten amendments.

Federalists and Anti-Federalists:

Introduction:
 The Federalists supported replacing the Articles of Confederation with a new
Constitution, believing that the Articles were irreparable and a strong central
government was necessary to maintain unity.
 The Anti-Federalists favored modifying the Articles of Confederation and saw no
immediate threat to the Union.
 The Federalists, including Hamilton, John Jay, and Madison, advocated for a powerful
central government. They had support from propertied and wealthy classes, particularly
in seaboard and city regions.
 The Anti-Federalists, later known as the Democrats, were defenders of liberty and
democracy. They viewed government with suspicion.
 Prominent spokesmen for the Anti-Federalists included Henry Lee, Patrick Henry, and
Thomas Jefferson.
 The Anti-Federalists found support among farmers and lesser individuals, primarily in
the backcountry regions from Maine to Georgia.
 Their differing views on the system of government were influenced by their political
philosophy and economic ideology.

Federalist
1.Political Philosophy:
Federalists believed that political power
should be entrusted to men of principle and
property, as they considered the common
people to be incompetent in handling
political power.
Anti-Federalist
Anti-Federalists believed that government
should be controlled by the common people
and had faith in their ability to participate in
governance. They were suspicious of
entrusting power to an elite group and aimed
to limit government authority.

2.Economic Ideology:
Federalists wanted the concentration of
wealth in the hands of the upper classes and
sought government protection and
encouragement for industrial and
commercial classes.
Anti-Federalists stood for wide distribution of
wealth. They opposed granting special
privileges to commercial and industrial
classes, advocating for the promotion of the
interests of farmers and cultivators. They
supported government intervention to check
wealth concentration.

3.System of Government:
 Federalists supported a strong national
government to protect the interests of the
upper classes, promote industrial and
commercial interests, ensure national
defense, and prevent inter-state conflicts.
4.Representation in Congress:
Federalists favored representation in
Congress based on the population of states.
5.The Bill of Rights:
Federalists did not see the need to include a
Bill of Rights in the Constitution, as they
believed it would serve no useful purpose
and could limit citizens' rights.
6.Ratification of Constitution:
Federalists were keen on securing the
ratification of the Constitution by as many
states as possible and countered Anti-
Federalist criticism through propaganda and
articles.
Anti-Federalists opposed a strong central
government, believing it would be controlled
by the privileged classes. They advocated for
more power for the states and were willing
to grant Congress limited powers.
Anti-Federalists supported equal
representation irrespective of state size and
population, aiming to prevent the
exploitation of smaller states by larger and
more powerful states.
Anti-Federalists advocated for the inclusion
of various rights in the Constitution and saw
no harm in guaranteeing constitutional
protection for these rights.
Anti-Federalists failed to mobilize public
opinion against ratification and propagated
the idea that the new government was
planned by a small group of ambitious men
to exploit the masses.